$1M Asbestos Lawsuit Against Automotive Company Upheld

A major motor company is still on the hook for $1 million in an asbestos case involving a former dealership mechanic who developed mesothelioma after being exposed to asbestos fibers in brake pads. Experts say any exposure to asbestos fibers can lead to asbestos-related disease. It was this belief that led to an appeal filed by the motor company. According to Law360 (a LexisNexis Company), attorneys for the motor company argued that the Superior Court should “apply the state Supreme Court's recent decision in Betz v. Pneumo Abex LLC to the case, which prohibited the testimony of an expert that relied on the premise that “any exposure” to asbestos fibers can lead to asbestos-related disease.”

Per 360, a three-judge Superior Court panel, however, concluded that “the record before the Betz case differed from the factual and procedural record in the present appeal and held that the Betz ruling could not be applied, upholding the $1 million verdict awarded to the former mechanic and his wife. Three other companies were also held liable for the mesothelioma the plaintiff developed while working at the dealership for several months in the 1950s.

About Mesothelioma

Malignant mesothelioma is a cancer that starts in cells in the linings of certain parts of the body, especially in the linings of the chest (pleural mesothelioma) or abdomen (peritoneal mesothelioma). Per the American Cancer Society, symptoms of pleural mesothelioma can include:

Cough

Excessive sweating

Fatigue

Fever

Hoarseness

Pain in the side of the chest or lower back

Shortness of breath

Swelling of the face and arms

Trouble swallowing (feeling like food gets stuck)

Weight loss (without trying)

Symptoms of peritoneal mesothelioma can include:

Abdominal (belly) pain

Constipation

Nausea and vomiting

Swelling or fluid in the abdomen

Weight loss (without trying)

Though there is no cure for mesothelioma, it can be treated—especially if it is caught early. If you have worked with asbestos in the past and you have any of the symptoms listed above, see your doctor right away. Treatments for mesothelioma have greatly improved over the years, so there is always hope.